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Action: M/S/C (Arreguin/Moore) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar – Continued Business

A. Lease of Five City Parcels to Berkeley Housing Authority for the Disposition and Rehabilitation of Affordable Housing by Berkeley 75 Housing Partners L.P. (Continued from April 30, 2013)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,284–N.S. authorizing the City Manager to: a) Execute a ground lease for seventy years with an option to renew for twenty-nine years with the Berkeley Housing Authority (BHA) for the five parcels of land at 2231 Eighth Street, 1605 Stuart Street, 1812 Fairview Street, 1519 Alcatraz Avenue, and 3016 Harper Street, to be assumed by Berkeley 75 Housing Partners L.P. (Berkeley 75) conditioned upon termination of the existing ground lease with the BHA and the close of Berkeley 75's construction financing for the rehabilitation of the units on the parcels; and b) Execute an Agreement Regarding Assumption of Ground Lease with the Berkeley Housing Authority and Berkeley 75 consenting to the termination of the existing ground lease with the BHA and the close of Berkeley 75’s construction financing for the rehabilitation of the units on the parcels.First Reading Vote: All Ayes.Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400Action: Adopted second reading of Ordinance No. 7,284-N.S.

Recommendation: Adopt first reading of an Ordinance amending the FY 2013 Annual Appropriations Ordinance No. 7,261-N.S. for fiscal year 2013 based upon other adjustments in the amount of $9,218,905 (gross) and $4,085,858 (net).

Financial Implications: See report

Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

Action: Adopted first reading of Ordinance No. 7,285–N.S. Second reading scheduled for May 21, 2013.

Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a four-year contract with Wells Fargo Bank to provide a comprehensive range of banking services to the City for the period of June 1, 2013 through May 31, 2017, in an amount not to exceed $4,142,000, with an option for two 3-year extensions for a total of ten (10) years contract amount not to exceed $10,356,000.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action: Moved to Action Calendar. 2 speakers. M/S/C (Moore/Wozniak) to adopt Resolution No. 66,106–N.S. and to direct the City Manager to provide an annual report on the performance of Wells Fargo including social responsibility requirements.

Recommendation: Adopt a Resolution to approve the Mental Health Services Act (MHSA) Fiscal Years 2012 and 2013 Annual Plan Update to fund local mental health programs and services through June 30, 2014 and authorize the City Manager to forward the update to appropriate state officials.

Recommendation: Adopt fourteen Resolutions authorizing the City Manager to execute amendments totaling up to $534,562for the following contracts that are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS), Prevention and Early Intervention (PEI), and Innovations (INN) monies, increasing the contract amounts, expending the INN funds by June 30, 2013, extending the CSS contract through September 30, 2013, and extending the PEI and INN contracts through June 30, 2014.

Increasing CSS Contract No. 8439C with Youth Engagement Advocacy Housing (YEAH) by $25,442 for a total contract amount not to exceed $330,746.

Increasing PEI Contract No. 8573C with Albany Unified School District (AUSD) by $53,040 for a total contract amount not to exceed $212,160.

Increasing PEI Contract No. 8801B with Center for Independent Living (CIL) in the amount of $26,520 for a total contract amount not to exceed $79,560.

Increasing PEI Contract No. 8560C with G.O.A.L.S. For Women, Inc. in the amount of $26,520 for a total amount not to exceed $106,080.

Increasing PEI Contract No. 8516C with Pacific Center for Human Growth in the amount of $26,520 for a total contract amount not to exceed $106,080.

Increasing PEI Contract No. 8606C with Youth Engagement Advocacy Housing (YEAH), in the amount of $26,520 for a total contract amount not to exceed $106,080.

Increasing PEI Contract No. 8975A with Berkeley Unified School District (BUSD) in the amount of $35,000 for a total contract amount not to exceed $125,000.

Increasing INN Contract No. 9009 with Albany Senior Center in the amount of $45,000 for a total contract amount not to exceed $94,999.

Increasing INN Contract No. 9029 with Berkeley Food and Housing Project in the amount of $45,000 for a total contract amount not to exceed $94,999.

Increasing INN Contract No. 9008 with Community Health for Asian Americans (CHAA) in the amount of $45,000 for a total contract amount not to exceed $94,999.

Increasing INN Contract No. 9015 with McGee Avenue Baptist Church in the amount of $45,000 for a total contract amount not to exceed $94,750.

Increasing INN Contract No. 9016 with Niroga Institute in the amount of $45,000 for a total contract amount not to exceed $94,999.

Increasing INN Contract No. 9013 with Options Recovery Services in the amount of $45,000 for a total contract amount not to exceed $94,999.

Increasing INN Contract No. 9018 with Pacific Center for Human Growth in the amount of $45,000 for a total contract amount not to exceed $94,999.

Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise and re-title the Housing Services Manager to Manager of Housing and Community Services and reduce the monthly salary by 3% to $9,091 - $11,056 effective May 12, 2013; and abolishing the classification of Community Services & Administration Manager.

Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to establish the classification of Environmental Health Supervisor with a monthly salary range of $7,352 to $8,543 effective May 12, 2013.

Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2014 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.

Recommendation: Adopt eight Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms for technical planning services for a total contract period of three years:

1. JWC Urban Design in an amount not to exceed $250,000;and

2. Architecture+History in an amount not to exceed $250,000; and

3. Knapp Architects in an amount not to exceed $250,000; and

4. Pacific Legacy, Inc. in an amount not to exceed $250,000; and

5. Tim Kelley Consulting in an amount not to exceed $250,000; and

6. RCC Consultants, Inc. in an amount not to exceed $500,000; and

7. Cotton Shires & Associates, Inc. in an amount not to exceed $500,000; and

1. Approving the plans and specifications for the Sanitary Sewer Project, 13-10692-C, located on Contra Costa Avenue, Capistrano Avenue, Solano Avenue, The Alameda, and Los Angeles Avenue; and

2. Accepting the bid of the lowest responsive and responsible bidder, Andes Construction, Inc.; and

3. Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $834,368 for the period of 150 calendar days from the date of the execution of the contract.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with City CarShare to continue the City of Berkeley Fleet Carshare Program, for an amount not to exceed $240,000 for the period July 1, 2013 through June 30, 2015.

Recommendation: Refer to the City Manager an amendment to BMC 3.02.040 that imposes an eight-cumulative-year (in any ten year period) term limit for all commissioners now subject to an eight-year consecutive term limit and whose service commenced on or after December 1, 2004.

Financial Implications: Staff time

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action: Moved to Action Calendar. 4 speakers. Item not completed – held over to May 21, 2013.

Recommendation: Conduct a public hearing and upon conclusion, evaluate plans submitted by the public, and provide direction to staff on the elements of a preferred plan to be considered and finalized at the second public hearing on July 2, 2013.

Financial Implications: None

Contact: Mark Numainville, City Clerk, 981-6900

Public Testimony: The Mayor opened the public hearing. 19 speakers. Public hearing continued to July 2, 2013.

Action: M/S/C (Wozniak/Moore) to focus consideration of redistricting proposals to the Berkeley Student District Campaign and Eric Panzer (Edge Simplicity) for the second public hearing on July 2, 2013.

Recommendation: Referral to City Manager to evaluate the feasibility of the City of Berkeley opting into a Joint Power Agreement (JPA) to add one more tool to increase solarizing and energy retrofitting.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar. Approved Councilmember Worthington’s recommendation to refer to the City Manager to evaluate the feasibility of the City of Berkeley opting into a Joint Power Agreement (JPA) to add one more tool to increase solarizing and energy retrofitting and include the Mayor’s Memo in the referral.

Recommendation: Provide comments on a draft Mayor and Councilmember Office Budget Donation policy and, if appropriate, provide direction to the City Manager to return with a draft Resolution modifying the policy for the City Council's consideration.

Recommendation: Review and discuss the proposed Paperless Agenda Packet Program scheduled to be implemented in Fiscal Year 2013 and 2014.

Financial Implications: Estimated savings of approximately $44,000 over four years.

Contact: Mark Numainville, City Clerk, 981-6900

Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to review and discuss the proposed Paperless Agenda Packet Program scheduled to be implemented in Fiscal Year 2013 and 2014.

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.70 to prohibit tobacco smoking which involuntarily exposes neighbors to secondhand smoke in all multi-unit housing in the City with enforcement through private right of action; to require that all new leases include a non-smoking clause; and to permit any tenant who is involuntarily exposed to tobacco smoke to terminate his or her lease without penalty if the landlord fails to include or enforce the non-smoking clause.

Recommendation: Direct the City Manager to develop a bike sharing program for the City of Berkeley for Council adoption in 6 months.

Financial Implications: Unknown

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Moved to Consent Calendar. Approved Councilmember Moore's revised recommendation to refer the development of a bike sharing program to the City Manager for analysis. Councilmember Worthington added as a co-sponsor.

Recommendation: Refer to the City Manager and Housing Advisory Commission: 1. The proposed changes below to Berkeley Municipal Code (B.M.C.) Section 22.20.065 (Affordable Housing Fee Ordinance) for review and recommendation, and to develop an ordinance for Council discussion and action.

2. Amendments to Berkeley Municipal Code (BMC) Section 22.20.080 (Hardship waiver) to establish more specific criteria for determining whether the fee requirements make a project infeasible and therefore make it eligible for a fee reduction. Is there a baseline standard that staff uses? A specific rate of return on the project? Additionally, explore removing language allowing fees to be waived entirely.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjournment

Adjourned at 11:30 p.m.

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.